The arbitrary Indian

The Indian Arts and Crafts Act was enacted by Congress to prevent the fraudulent sale of arts and crafts as Indian-made when they are not. Seemingly benign in intent, the act creates false distinctions, argues Sheffield, about who or what is "Indian" or "Indian-made." "Indians" are defined by the act according only to their political status - as members of federally or state-recognized tribes, or as individuals certified by either.

Excluded are artists-craftspeople who are Indian according to ancestry or sociocultural traits but not according to the statutory definition. The result, Sheffield claims, is an "arbitrary process that creates arbitrary effects.".

To demonstrate the nature and extent of the controversy generated by the act, Sheffield cites the many and disparate opinions of affected American Indians in the arts and crafts industry. In the end, The Arbitrary Indian lays bare the unfortunate consequences that result when legislators fail to consider the implications of statutory language and the pitfalls of legislating ethnicity.